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City of Modesto v. Dow Chemical Co.
No special heightened causation requirement where redevelopment agency seeks compensation for remediation of contaminated land. 		Environmental Law 1DCA/4 Jan. 10, 2018
Gebhardt v. Duke
Adam Walsh Act applies where I-130 visa petition was filed, but pending, before Act was effectuated. 		Immigration 9th Jan. 10, 2018
Sanders v. Jones
Order 		USSC Jan. 9, 2018
White v. U.S.
Order 		USSC Jan. 9, 2018
Simers v. Los Angeles Times Communications, LLC
Imposing standard disciplinary actions on an employee does not constitute constructive discharge unless said actions involve continuous patterns of mistreatment or unusually aggravated working conditions. 		Employment Law 2DCA/8 Jan. 9, 2018
People v. Holzmann
Probation condition requiring defendant to stay away from location not unconstitutionally vague where requirement is simple and stated in plain language. 		Criminal Law and Procedure 6DCA Jan. 9, 2018
Tharpe v. Sellers
Racist statements by juror in sworn affidavit mandates reconsideration of whether juror's presence prejudiced murder defendant. 		Prisoners' Rights USSC Jan. 9, 2018
California Public Utilities Commission v. Federal Energy Regulatory Commission
Agency acts arbitrarily and capriciously where it bases its decision on its misinterpretation of its policy and thereby fails to provide reasoned explanation for departing from policy. 		Administrative Agencies 9th Jan. 9, 2018
Oracle USA Inc. v. Ramini Street Inc.
Copyright misuse doctrine does not preclude copyright owners from using conditions to control the use of copyrighted material. 		Copyright 9th Jan. 9, 2018
Medical Board of California v. Superior Court
More recent Business and Professions Code section provides blanket exemption allowing healing arts agencies to use arrest report information in disciplinary actions, notwithstanding seemingly conflicting Penal Code section. 		statutory_interpretation 1DCA/4 Jan. 9, 2018
Burkhalter Kessler Clement & George, LLP v. Hamilton
Attorney fees may be awarded to more than one prevailing party in breach of contract dispute. 		Civil Procedure 4DCA/3 Jan. 9, 2018
People v. Tua
On issue of first impression, enhancement that attaches to determinate sentence that is either stayed or runs concurrently with indeterminate term must, under those circumstances, be stayed or run concurrently. 		Criminal Law and Procedure 4DCA/1 Jan. 8, 2018
Stirling v. Brown
The California Military Whistleblower Protection Act does not require the Governor to take any particular action on a whistleblower allegation. 		statutory_interpretation 4DCA/3 Jan. 8, 2018
McBride v. Smith
Claim for prescriptive easement survives demurrer where pleading shows use was contrary to language in original recorded easement grant. 		Real Property 1DCA/4 Jan. 8, 2018
Sanchez v. Elizondo
Arbitration award should not be vacated by district court unless it is completely irrational. 		Arbitration 9th Jan. 8, 2018
Villavicencio v. Sessions
A non-citizen may not be deported under 8 U.S.C. Section 1227 for a state criminal violation if such violation is not a categorical match to the corresponding federal offense. 		Immigration 9th Jan. 8, 2018
Central Coast Forest Association v. Fish and Game Commission
Judgment overturning Fish and Game Commission decision denying petition to remove species from endangered species list reversed on remand where unrefuted evidence supports commission's decision. 		Environmental Law 3DCA Jan. 8, 2018
People v. Financial Casualty & Surety, Inc.
Penal Code section 977 entitles a misdemeanor defendant to have counsel appear at a probation violation hearing on their behalf until lawfully required to personally appear. 		Criminal Law and Procedure 4DCA/3 Jan. 8, 2018
Tharpe v. Sellers
Opinion 		USSC Jan. 8, 2018
In re K.J.
Detainment and search of a student on a public school campus is reasonable under the Fourth Amendment where the detention is not arbitrary, capricious, or for the purpose of harassment. 		Juveniles 1DCA/4 Jan. 5, 2018
Modification: Gonzalez v. City of Norwalk
Sustained demurrer affirmed where city ordinance applies existing, approved tax and thereby does not 'impose, extend, or increase taxes' without voter approval. 		Municipal Law 2DCA/3 Jan. 5, 2018
Ortega Melendres v. Penzone
Order 		9th Jan. 5, 2018
Animal Legal Defense Fund v. Wasden
Provision prohibiting video and audio recording of conduct of agricultural facility's operations struck down where provision regulates speech protected by First Amendment and fails to survive strict scrutiny. 		Constitutional Law 9th Jan. 5, 2018
Arave v. Merrill Lynch, Pierce, Fenner & Smith Inc.
Award of attorney fees to defense reversed where court fails to find claim frivolous. 		Labor Law 4DCA/2 Jan. 4, 2018
Calderon-Rodriguez v. Sessions
Board of Immigration Appeals affirmation of Immigration Judges competency determination remanded where IJ fails to ensure that Department of Homeland Security provides court with relevant materials regarding respondents competency. 		Immigration 9th Jan. 4, 2018
Italian Colors Restaurant v. Becerra
Statute preventing collection of credit card surcharges unconstitutional restriction of speech, as applied to group of California businesses. 		Civil Rights 9th Jan. 4, 2018
Kramer v. Cullinan
A public official is entitled to qualified immunity where publicly-available information regarding an employee's termination did not constitute liberty deprivation under the Fourteenth Amendment. 		Qualified Immunity 9th Jan. 4, 2018
Kim v. Reins International California, Inc.
Order granting summary adjudication on PAGA claim for lack of standing affirmed where plaintiff who voluntarily dismisses individual claims is not aggrieved employee under PAGA. 		Labor Law 2DCA/4 Jan. 3, 2018
Conservatorship of Lee C.
Order compelling conservatorship investigator to petition for Murphy conservatorship and disqualifying counsel for resisting order vacated and remanded where court is unauthorized to make such order. 		Criminal Law and Procedure 3DCA Jan. 3, 2018
Davis v. Superior Court
Original waiver of preliminary hearing time limit does not preclude defendant from asserting right for preliminary hearing within 10 court days after charges are reinstated after competency hearings. 		Criminal Law and Procedure 1DCA/2 Jan. 3, 2018
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